IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 12th day of October, 2021.
Filed on 22-03-2019
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. P.R Sholy, B.A.L,LLB (Member)
In
CC/No.72/2019
between
Complainant:- Opposite party:-
1. Sri.Swaminathan V.P The Chief Executive Officer
S/o K.Panicker, Inter Globe Aviation Ltd.
Santhi Sree, S.N Puram P.O. (Indigo), Global Business Park
Mararikulam North Panchayath Gurgaon, Hariyana
Cherthala, Alappuzha (Adv. Sri. V.Deepak)
2. Smt. Kamalamma
W/o SwaminathanV.P
-do-
3. Sreelakshmi
D/o Swaminathan
-do-
(Adv. Sri.Rajendrakumar)
O R D E R
SRI. S.SANTHOSH KUMAR (PRESIDENT)
Complaint filed under Sec.12 of the Consumer Protection Act, 1986.
Material averments briefly stated are as follows:-
Opposite party is operating flight services towards various airports in India. Their ticket booking outlets are functioning throughout Kerala. On 23.12.18 3rd complainant Sreelekshmi booked air tickets through online at opposite party’s office for the journey of complainants, on 14.01.19 at 12.45 hours from Kochi to Bangalore and from Bangalore to Hyderabad at 18.45 hours by Indigo flight and from Hyderabad to Bhopal at 20.15 hours by spice jet for joining the post of nursing officer of the 3rd complainant in AIIMS. Complainants preferred the flight to avoid tedious journey in train considering the old age and ill health of 1st and 2nd complainants. The tickets issued to the complainants were confirmed.
2. Complainants reached Nedumbassery air port at 10 AM on 14.01.19 for check-in. At that time a message came from the opposite party to the mobile phone of 3rd complainant that the flight scheduled for departure at 12.45 hours will depart only at 14.20 hours. Again another message was received extending the departure at 15.30 hours and thereafter to 16.10 hours. Finally the time was extended to 16.20 hours and the flight left the air port at 16.20 hours and reached Bangalore at 17.20 hours. Complainants had informed officials of the opposite party that they want to catch a flight from Bangalore to Hyderabad at 18.15 hours and thereafter to catch a flight from Hyderabad to Bhopal (Spice jet) at 20.15 hours. It was informed by the indigo officials that there will be no obstruction to the onward journey and that they had taken care of the same. However when the complainants reached Bangalore at 17.20 hours, the connection Indigo flight from Bangalore to Hyderabad had already left. So the complainants had to travel to Hyderabad in another Indigo flight at 22.00 hours. When they reached Hyderabad, the Bhopal flight of Spice jet had already departed. When the complainants contacted spice jet officials believing the words of officials of the opposite party it was informed that no flights are available.
3. There upon the complainants again took flight tickets of opposite party for the journey to Bhopal on 15.01.2019 by paying an amount of Rs.15,852/-. Complainants had to spend that amount unnecessarily due to the deficiency in service and unfair trade practice of the opposite party. If the opposite party had maintained time schedule they could have gone to Bhopal in Spice jet without paying additional amount. On 01.02.19 a lawyer’s notice was issued to the opposite party demanding the amount but it was not paid. Hence the complaint is filed for an amount of Rs.15,852/- being the ticket charges collected illegally and Rs.50,000/- as compensation for the mental agony.
4. Opposite party filed a version mainly contenting as follows:-
On 23.12.18 complainants booked tickets for travel on 14.01.19 from Kochi to Bangalore on board Indigo flight No.6E 369 with scheduled departure at 12.45 hours from Kochi and from Bangalore to Hyderabad on board Indigo flight No.6E-466 with scheduled departure to Hyderabad at 18.45 hours from Bangalore airport. This opposite party is not aware regarding their onward flight from Hyderabad to Bhopal. The health condition of 1st and 2nd complainants is not known to this opposite party. The complainants were duly informed of the revised departure time by way of SMS and e-mail sent on the registered mobile number and E-mail address of the 3rd complainant. Complainants were fully aware of the revised departure of Cochin- Bangalore flight. The flight was rescheduled to 14.20 hours and 15.30 hours and finally to 16.05 hours. The reason for delay of Cochin- Bangalore flight was due to bad weather at Bangalore airport. The airline industry in India is a highly regulated one by the Ministry of Civil Aviation (MoCA), Director General of Civil Aviation (DGCA), The Airport Authority of India (AAI) and Airport Economic Regulatory Authority (AERA). Only if Air Traffic Control (ATC) grants permission flights can be operated. If there is delay in flight, facilities to be offered to passengers are described in CAR 3.4. The delay was beyond the control of the opposite party. Officials of the opposite party were not informed about the onward journey of the complainants from Hyderabad to Bhopal and there was no assurance from their part as alleged in the complaint. All indigo flights are operated by an entity and Spice jet flights are operated by another company. It is denied that Indigo flights from Bangalore only reached Hyderabad at 00.00 hours on 15.01.19 and at that time the spice jet flight had departed from Hyderabad.
5. It is denied that complainants had to spent Rs.15,852/- unnecessarily due to alleged deficiency in service and unfair trade practice of the opposite party. It is further denied that if opposite party had maintained the time schedule in proper manner for their services, complainants could never missed the alleged spice jet from Hyderabad to Bhopal. Complainants had not suffered any mental agony due to the act of this opposite party. As such opposite party is not liable to compensate the complainants. To the legal notice issued on 01.02.19 the reply notice was sent on 03.06.18. Hence the complainant may be dismissed.
6. Points for determination are:-
1. Whether there was any deficiency in service from the part of the opposite party as alleged?
2. Whether the complainants are entitled to realize an amount of Rs. 15,852/- from the opposite party as prayed for?
3. Whether the complainants are entitled to realize an amount of Rs. 50,000/- as compensation from the opposite party?
4. Reliefs and cost?
7. Evidence in this case consists of the oral evidence of PW1 and Ext.A1 to A9 from the side of the complainants. Opposite party has not adduced any oral evidence, Ext.B1 to B6 were marked from their side.
8. Points No. 1 to 3:-
For the sake of convenience these points are considered together.
On 23/12/2018 complainants booked an Air ticket with the opposite party for traveling on 14/1/2019 from Kochi to Banglore (COK to BLR) and Bangalore to Hyderabad (BLR to HYD) . The scheduled departure time was at 12.45 hrs on 14/1/2019 and the arrival time at Bangalore was at 13.50 hrs. Departure time from Bangalore was at 18.45 and arrival at Hyderabad was at 20.00 hrs. As per Ext.A2 it is seen that they had also booked an onward flight through spice jet on the same day and the departure from Hyderabad was on 14/1/2019 at 20.15.hrs. For the journey complainants reached Cochin Nedumbassery Air port at 10 AM. 3rd complainant received Ext.A8 message in her mobile phone that the flight is delayed due to bad weather at Bangalore and it is rescheduled to 14.20 hrs. Thereafter she received messages that the flight is rescheduled to 15.00 hrs, 15.30 hrs,, 16.04 hrs and 17.10 hrs. Finally the flight took off from Cochin Airport at 16.20 hrs and arrived Bangalore at 17.20 hrs. However the connection flight from Bangalore to Hyderabad was scheduled at 16.15 hrs. Due to the delay in Cochin flight they missed Bangalore - Hyderabad flight and they could travel in another flight from Bangalore to Hyderabad at 22.00 hrs. The said flight which was also that of opposite party reached Hyderabad at 24.00 hrs. The connection flight from Hyderabad to Bhopal which was of SpiceJet had already departed as scheduled. Complainants had to purchase Ext.A4 ticket by paying an amount of Rs.15,852/-. The said flight which also belongs to the opposite party departed Hyderabad at 7.50 hrs on 15/1/2019 and reached Bhopal(BHO) on 9.05 hrs. Hence according to the complainants due to the delay of Cochin - Bangalore flight they missed Bangalore - Hyderabad flight and also missed Hyderabad - Bhopal flight. They had to purchase another ticket for Rs. 15,852/- to travel from Hyderabad to Bhopal that also on 15/1/2019 ie, on the next day. Hence according to them they were stranded at the Hyderabad air port during the night of 14/1/2019 since the scheduled flight was only at 7.50 hrs on 15/1/2019. They had already booked tickets up to Bhopal in advance and due to delay in the flight of opposite party they had to spend an additional amount of Rs.15,852/-. Though Ext.A6 notice was sent on 1/2/2019 demanding the amount it was not paid. Hence the complaint is filed to realize the said amount. They are also seeking compensation of Rs. 50,000/- due to the deficiency of service from the part of opposite party. The 1st complainant got examined as PW1 and Ext.A1 to A9 were marked. Opposite party filed detailed version in which it is contented that the delay in flight occurred due to bad weather at Bangalore airport. Opposite party is regulated by the Ministry of Civil Aviation (MoCA), Directorate General of Civil Aviation (DGCA), Airport Authority of India (AAI) and Airport Economic Regulatory Authority. Flights in the airports are controlled by Air Traffic Control (ATC) and without getting permission no flight can depart or land at the air ports. Since there was bad weather at Bangalore airport there was delay. It was also contended that as per 3.7.1 of the Civil Aviation Rules (CAR) if there is a delay in flight Passengers shall be offered free of charge the following:-
(a) Meals and refreshments in relation to waiting time.
(b) Hotel accommodation when necessary (including transfers).
Hence according to the opposite party as per the CAR Rules they are not bound to pay compensation. Hence the complaint is only to be dismissed. Though they filed a detailed version no oral evidence was adduced. Ext.B1 to B6 were marked from their side.
9. From Ext.A1 and A2 it is seen that on 23/12/2018 complainants booked flight for their journey from Kochi to Bangalore on 14/1/2019 12.45 hrs and Bangalore to Hyderabad on the same day at 18.45 hrs. The first two flights were that of opposite party (INDIGO) and the 3rd flight from Hyderabad to Bhopal was that of Spice jet. The departure of Spice jet flight from Hyderabad to Bhopal was scheduled at 20.15hrs on 14/1/2019. Opposite party admitted that there was a delay in Kochi – Bangalore flight and so the complainant could not board the Bangalore – Hyderabad flight which was scheduled at 18.45.hrs. From the evidence it is seen that the Cochin flight reached 17.20.hrs at Bangalore. Though the Bangalore – Hyderabad flight was scheduled at 18.45 hrs complainants missed the same. Under normal circumstances the Airlines authorities used to collect passengers from the flight and board them to the onward flight, since no checkin formalities are necessary. However admittedly in this case complainants could not travel in the scheduled Bangalore – Hyderabad flight and they could travel on another flight which was scheduled at 22.00 hrs and it reached Hyderabad at 24.00 hrs. The Hyderabad – Bhopal flight was scheduled at 20.15 hrs and the complainants missed the same. It is also an admitted case that as per Ext.A4 complainants could travel from Hyderabad to Bhopal at 7.15.hrs on 15/1/2019 and Rs. 15,852/- was collected from them additionally. It is to be remembered that complainant booked the ticket on 23/12/2018 by paying the entire fare up to Bhopal. From Ext.A3 it is seen that the fare from Hyderabad to Bhopal for Spice jet was Rs.7,200/-. But from Ext.A4 it is seen that opposite party collected an amount of Rs.15,852/- from the complainants. The opposite party is attributing the delay for bad weather. Ext.A8 SMS’s were sent to the 3rd complainant that there is delay in flight due to bad weather at Bengaluru air port. Though such a contention is raised opposite party has not adduced any oral evidence to prove the same. They have produced Ext.B5 a chart showing past weather in Bangalore. Certain figures are noted regarding the weather in Ext.B5 but a common man will not understand details of the same without explanation. Though opposite party filed a version running into 29 pages they did not enter the witness box to prove their case on oath.
10. As held by the Hon’ble Surpeme Court in AIR 1999 SC 1441(Vidhyadhar Vs Manikrao)
“WHERE a party to the suit does not appear into the witness box and states his own case on oath and does not offer himself to be cross examined by the other side, a presumption would arise that the case set up by him is not correct.”
11. It is to be remembered that though opposite party contented that there was bad weather at Bangalore airport their own flight from Bangalore to Hyderabad which was scheduled on 16.50 hrs departed as scheduled and so complainants missed the same and in effect they could not continue their onward journey form Hyderabad to Bhopal as scheduled. As stated earlier though as per Ext.A3 the fare for Spicejet from Hyderabad to Bhopal was Rs. 7,200/- from Ext.A4 it is seen that opposite party collected an amount of Rs. 15,852/- ie, more than double from the complainants though the reason for missing the flight was due to the delay of there on flight. Admittedly complainants reached Hyderabad at 24 hrs and the flight as per Ext.A4 was at 7.15.hrs on 15/1/2019. So the complainants were stranded at Hyderabad airport for about 7 hrs and 15 minutes. According to PW1, 1st complainant they preferred to travel in flight due to their ill health and the delay if travelled in train. PW1 contented that at Hyderabad airport there was snow and they had to suffer the same.
12. The fact that PW1 and other complainants missed the Hyderabad – Bhopal flight on 14/1/2019 due to the delay in Cochin- Bangalore flight is not in dispute. It was contented by the opposite party that due to bad weather the delay occurred. However though they produced Ext.B5 document showing past weather in Bangalore on 14/1/2019, there is no evidence on record that the ATC(Air Traffic Controller) had not given permission. They have not adduced any oral evidence to explain the documents except production of the same. Admittedly PW1 has booked Kochi to Bangalore, Bangalore to Hyderabad and Hyderabad to Bhopal on 23/12/2018 by paying the amount in advance from the account of 3rd complainant Sreelakshmi which is proved by Ext.A8 statement of account. From Ext.A4 it is seen that opposite party had collected an amount of Rs.15,852/- for the flight from HYD to BHO on 15/1/2019. As discussed earlier when complainant booked the flight on 23/12/2018 the flight charge from HYD to BHO was Rs. 7,200/-. However opposite party collected an amount of Rs. 15,852/- from the complainants. It may argue that the amount increased since the booking was done on 15/1/2019. But they ought to have considered the fact that complainants missed their flight due to their fault. Though complainants reached Hyderabad airport at 24 hrs they were stranded till 7.15.PM on 15/1/2019. Opposite party have no case that complainants were taken care of by them by providing necessary accommodation etc. In said circumstances it is pellucid that there was deficiency of service from the part of opposite party. Though complainant booked ticket for their entire journey from COK to BHO by paying the entire amount on 23/12/2018 they had to pay an additional amount of Rs. 15,852/- to the opposite party by Ext.A4 and it was not due to their fault. Though it was contented by the opposite party that due to bad weather the flight were delayed, it was come out in evidence that the BLR – HYD flight took off in the correct time from BLR. Though a chart (Ext.B5) was produced showing the weather condition no oral evidence was adduced to explain the same. Hence on assessing the evidence as a whole we are of the opinion that complainants are entitled to refund of Rs.15,852/- collected by opposite party as per Ext.A4.
13. Complainants are seeking an amount of Rs.50,000/- as compensation on account of deficiency of service. It has come out in evidence that though complainants reached HYD at 24.00 hrs they got the connection flight only at 7.15.AM. They were stranded at Hyderabad airport from 24.00 hrs to 7.15.hrs. At the time of filing the complaint PW1 was aged 66 yrs. 2nd complainant who is his wife also will be a senior citizen. Hence they are entitled for compensation. However considering the entire circumstances we are limiting the same to Rs.30,000/-. These points are found accordingly.
14. Point No. 5:-
In the result complaint is allowed in part.
A) Complainants are allowed to realize an amount of Rs.15,852/-(Rupees Fifteen thousand eight hundred and fifty two only) along with interest @ of 9% from 15/1/2019 (date of booking) till realization from the opposite party.
B) Complainants are allowed to realize and amount of Rs. 30,000/-(Rupees Thirty thousand only) as compensation from the opposite party.
C) Complainants are allowed to realize an amount of Rs.3000/-(Rupees Three thousand only) as cost.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 12th day of October, 2021.
Sd/-Sri.S.Santhosh Kumar(President)
Sd/-Smt. Sholy.P.R(Member)
Appendix:-Evidence of the complainant:-
PW1 - Swaminathan(Complainant)
Ext.A1 - Flight Ticket
Ext.A2 - Flight Ticket
Ext.A3 - Flight Ticket (Spicejet)
Ext.A4 - Flight Ticket
Ext.A5 - Gate Pass (9Nos)
Ext.A6 - Legal Notice
Ext.A7 - Postal Receipt
Ext. A8 - Messages
Ext.A9 - Statement of account
Evidence of the opposite parties:-
Ext.B1 - Letter of Authorisation
Ext.B2 - Fresh Certificate of Incorporation(Govt. Of India)
Ext.B3 - Copy of Reservation Summary
Ext.B4 - Travel Information
Ext. B5 - Past weather Chart
Ext.B6 - Terms and conditions
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
